UNITED STATES OF AMERICA 

# DECEIVED DEPARTMENT OF TRANSPORT

## A TIOl''r' OFFICE OF HEARINGS

WASHINGTON, D.C. 

## 'MAR -5 2012 

# HEARING DOCKET Inthe Matter of CAROLE M. BEROTTE JOSEPH, Ph.D. FAA DOCKETNO. [NotAssigned] (Civil Penalty Action) FDMS NO. FAA-2011-0292 ChiefAdministrative LawJudge Ronnie A. Yoder Date: March 2, 2012

HEARING DOCKET FILING INACCORDANCE WITH 14 C.F.R. § 13.210(a)
The Administrator ofthe Federal Aviation Administration, by andthrough counsel, hereby files the attached Hearing Docket Filingpursuant to 14 CTR, §13.210(a) and ChiefAdministrative LawJudge Yoder's February 27, 2012, Order (see attached) dismissing the proceedings with prejudice.

Respectfully submitted,

Attorney Federal Aviation Administration Office oftheRegional Counsel, ANE-7 NewEngland Region 12 NewEngland Executive Park Burlington, MA 01803-5299 Telephone: (781) 238-7046 Facsimile: (781) 238-7055CERTIFICATE OF SERVICE I hereby certifythat Ihave sentviaFederal Express an original and one (I) copy ofthe Hearing DocketFilinginthe matter of CAROLE M. BEROTTE JOSEPH, Ph.D., FAADocketNo. [Not Assigened], FDMS NO. FAA-2011-0292, to:

DONNA SORENSEN Program Analyst Federal AviationAdministration 800 Independence Avenue, S.W. Wilbur Wright Building- Suite 2W1000 Washint,>ton, DC 20591 ATTN: Hearing Docket Clerk, AGC-430 One Copy The Honorable Ronnie A. Yoder ChiefAdministrative Law Judge U.S. Department ofTransportation Office ofHearings, M-20 1200 NewJerseyAve, S.E. Washington, DC 20590 Dr. Carole M. Berotte Joseph 460 West 236th Street, Apt. 7B Bronx, NY 10463

March 2, 2012

2

### SERVED: FEBRUARY27, 2012 U.S. DEPARTMENT OF TRANSPORTATION OFFICEOFHEARINGS 

# DE·CEIVED

WASHINGTON, DC**k~,** IN THE MATTER OF 

# MAR**~sa** 

# 'ii&AfttN&DOC.KET CAROLEM. BEROTTE JOSEPH, Ph.D. FAA DOCKETNO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2011-0292
ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

### DISMISSINGPROCEEDING WITH PREJUDICE Complainant states that "theparties have settled the matter onmutually agreeable terms" and requests thatthis matter be dismissed withprejudice. 1 Accordingly, Complainant is deemed to have withdrawnthe complaint and, pursuantto 14 C.P.R.§ 13.215, this proceeding is dismissed with prejudice. The FAA shall send the Docket a copy ofany compromise order or final order assessing civil penalty.2 

### SO ORDERED.

Attachment: Service List '---"1>onnieA. Yoder ChiefAdministrative La

1Letter from Matthew J. Zappala, Complainant's Counsel, to Michael J. Wolter, Attorney-Advisor, Office of Hearings, at 1 (Feb. 15, 2012). 2 Although Complainant's letter encloses an order assessing civil penalty, the accompanying certificate ofservice does not indicate that an original and one copy ofthe letter and the order were personally delivered or mailedto the Hearing Docket. See 14 C.F.R. § 13.210(a).U.S. Deportment of Transportation Federal Aviation Administration Office ofthe Chief CounseR

# E C EI\**~f!.** Qnd Executive Park New England Region

.

### -~A 01803 February 15, 2012 

## MA.R - 52012 

# IHEARJNG DOCKET
CERTIFIED MAIL-RETURN RECEIPT REQUESTED & FIRST CLASS MAIL 7009 2820 0001 2289 1364 Dr. Carole M. Berotte Joseph 460 West 2361 h Street, Apt. 7B Bronx, NY 10463 Re: Case No. 2011NE700058 ORDERASSESSING CIVIL PENALTY You were advised through a Final Notice ofProposed Civil Penalty dated March 23, 2011, that the FAAproposed to assess a civil penalty in the amount of$1,000. After considering all ofthe evidence in this matter, the Administratorhas determined that: I. On or about December 23, 2010 you were a ticketed passenger on Delta Airlines Flight 1383, a passenger-carrying flight, departing from LoganInternational Airport in Boston, Massachusetts. 2. On or about December 23,2010, you offered checked baggage for transportation in air commerce on DeltaAirlines Flight 1383, including bag tag #DL967062. 3. Beforethe above-described baggage had been transported via aircraft, Transportation Security Administration (TSA) personnel at Logan International Airport initiated an inspection ofthe baggage and observed that it contained one (1) container of Hydrogen Peroxide, Food Grade h2o2. The container was approximately 1-liter. 4. The above-referenced containers ofHydrogen Peroxide (the "shipment") is classified as hazardous materials under section 172.101 ofthe Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.F.R. Parts 171 et seq.). 5. The proper shipping name for the container ofHydrogen Peroxide is Hydrogen, peroxide, aqueous solutions with not less than 20percentbutnotmorethan 40 percenthydrogenperoxide. Itis in Hazard Class 5.1 (oxidizer), Packing Group II, and has an assigned identification number ofUN2014 when offered for transportation in air commerce. 6. At all times mentioned herein, the above-referenced shipment was not accompanied by a Shipper's Certification or Declaration for Dangerous Goods.7. You offered the above-described shipment ofhazardous material for transportation by air when the material was not properly classed, described, packaged, marked, labeled, or in the proper condition for shipment. 2

8. You offered the above-described shipment ofhazardous material for transportation by air when the shipping papers did not contain the proper shipping name prescribed for the hazardous material, the hazard class or divisionprescribed for the hazardous material, the assigned identification number ofthe hazardous material, and the packing group in Romannumerals, as designated for the hazardous material, all shown in sequence with no additional information interspersed. 9. You offered the above-described shipment ofhazardous material for transpmiation by air without placing the total quantity ofthe material covered by the hazardous materials description on the shippingpaper before or after, or both before and after, the description. 10. You offered the above-described shipment ofhazardous material to an aircraft operator for transportation by air and did not provide two (2) copies ofthe required shipper's certification. 11. You offered the above-described shipment ofhazardous material for transportation by air when the package containing the hazardous material was not markedwith the proper shipping name and identification numbers, preceded by "UN" or "NA" as appropriate, ofthe hazardous material contained therein, andwithout the required markings being durable, in English and printed on or affixed to the surface ofthe package, or on a label, tag or sign 12. You offered the above-described shipment ofhazardous material for transportation by air without making emergency response infonnation immediately available for use at all times the hazardous material was present. 13. Based upon the foregoing facts and circumstances, youviolated the following Department ofTransportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations):

a. Section l71.2(e) (49 C.F.R. § 171.2(e)), in thatyou offeredhazardous material for transportation in commerce when the material was not properly classed, described, packaged, marked, labeled, and in the condition for shipment required by the HMR (49 C.F.R. parts 171, et seq.). b. Section 172.200(a) (49 C.F.R. §§ 172.200(a)), in that you offeredhazardous material for transportation without properly describing the material on the shipping paper.
c. Section 172.202(a)(l) (49 C.F.R. § 172.202(a)(l)), in that you offered hazardous material for transportation when the required hazardous materialdescription on the shipping paper did not include the proper identification number prescribed for the material in Colunm (4) ofthe §172.101 table ( 49 C.F.R. § 172.101). d. Section 172.202(a)(2) (49 C.F.R. § 172.202(a)(2)), in that you offered hazardous material for transportation when the required hazardous material description on the shipping paper did not include the proper shipping name prescribed for the material in Column (2) ofthe 

### §172.101 table (49 C.F.R. 

### § 172.101).

e. Section 172.202(a)(3) (49 C.F.R. § 172.202(a)(3)), in that you offered hazardous material for transportation when the required hazardous material description on the shippingpaper did not include the hazard class or division number prescribed for the material, as shown in Column (3) ofthe §172.101 table (49 C.F.R. 

### § 172.101). f. Section 172.202(a)(4) (49 C.F.R. § 172.202(a)(4)), in that you offered hazardous material for transportation when the required hazardous material description onthe shipping paper did not include the packing group, in Roman numerals, as designated for the material in Colunm (5) ofthe §172.101 table (49 C.F.R. 

### § 172.101). g. Section 172.202(c) (49 C.F.R. § 172.202(c)), in thatyou offered hazardous material for transportation when the total quantity ofthe material covered by the description did not appear before or after, orbothbefore and after, the description required by subpart C ofthe HMR. (49 C.F.R. §§ 172.200 et seq.). h. Sections 172.204(a) or (c)(!) (49 C.F.R. §§ 172.204(a) or (c)(l)), in that you offered hazardous material for transportation without printing the required certification on the shipping paper as stated in 

### §172.204(a)(l) or (a)(2) (49 C.F.R. § 172.204(a)(1) or (a)(2)). 3

1. Section 172.204(c)(2)( 49 C.F.R. § 172.204(c)(2)), in that you offered hazardous material to an aircraft operator for transportation by air and did not provide two copies ofthe required shipper's certification. 

### J. Sections 172.300(a) and 172.301(a) (49 C.F.R. §§ 172.300(a) and 172.30l(a)), in that you offered hazardous material for transportation when the package was not marked with the proper shipping name and identification number for its contents. k. Section 172.304(a)(1) (49 C.F.R. 

### § 172.304(a)(l)), in that you offered hazardous material for transportation when the required markings were not durable, in English and printed on or affixed to the surface ofthe package or on a label, tag or sign.4 

### 1. Section 172.400(a) (49 C.F.R. § 172.400(a)), in that you offered a package containing hazardous material for transportation by air when the package was not properly labeled as specified in Section 172.101 (49 C.F.R. § 172.101).

m. Section 172.600(c)(1) (49 C.F.R. § 172.600(c)(l)), in that you offered a package containing hazardous material for transportation by air without making emergency response information immediately available for use at all tirhes the hazardous material was present.

n. Section 173.1(b) (49 C.F.R. § 173.l(b )), in that you offered shipments of hazardous materials for transportation by air without properlypreparing the shipment. THEREFORE, IT IS ORDERED under 49 U.S.C. §5123 that you are assessed a civil penalty in the amount of$250. You are is ordered to pay, within sixty (60) days, the assessed amount by mailing or delivering a certified check ormoney order in the amount of$250, payable to "Federal Aviation Administration," to FAA Mike Monroney Aeronautical Center, AMZ-350, P.O. Box 25770, Oklahoma City, OK73125-4915. In the alternative, you may pay your civil penalty with a credit card or a bank account debit overthe Intemet. To pay electronically, visit the web site at https:!/www.pay.gov. Underthe SearchPublic Forms option type in "FNE-FINEl." Click on "FAA Civil Penalty Payments- NewEngland Region." You must then complete the requested infonnation and click "Continue." You will thenbe directed to enteryour credit card orbank accow1t debit information. To use the bank account debit you will need your bank routing number, account number, and checknumber. The amount ofcivil penalty assessed in this Order constitutes a debt owedto the United States. Youhave now exhausted yourright to seekreview ofthe validity or amount ofthis debt. Ifthis debt is notpaid in full within 60 days ofyour receipt ofthis letter, the debt is considered delinquent. Fordelinquent debts, federal regulation (49 CFR § 89.23) requires us to charge interest from the date ofthis Order at a fixed annual rate of 1%, along with an administrative charge of$12.00 permonth, representing our costs ofadministrative collection. Furthermore, ifthe full amount assessed is notpaid in full within 120 days of your receipt ofthis letter, we are required to assess an additional penalty at an annual rate of 6%, accruing from the date ofdelinquency. Delinquent debts maybe reportedto consumer reporting agencies or commercial creditbureaus, which could adversely affectyour credit rating. Nonpayment ofthis debt may ultimately result in a referral to a collection agency, the Internal Revenue Service, orto the United States Department ofJustice for enforced collection.Please direct all communications in this matter to Matthew J. Zappala, Office ofthe Regional Counsel, ANE-7, Federal Aviation Administration, 12 New England Executive Park, Burlington, MA 01803, telephone number (781) 238-7046.

WAIVER OF APPEAL RIGHTS 5

The terms ofthis Order are issued in consideration ofall the information currently available, including your express waiver ofyourright to appeal this matter to the Depariment of Transportation or any other forum. CERTIFICATE OF SERVICE I certify that this Order Assessing Civil Penalty has been sent this date by Certified Mail-Retum ReceiptRequested and First Class mail to:

DONNA SORENSEN Program Analyst Dr. Carole M. Berotte Joseph 460 West 236'h Street, Apt. 7B Bronx, NY I0463 and Michael Wolter Attomey-Advisor Office ofHearings, M-20 U.S. Deparhnent ofTransportation 1200 New Jersey Avenue (\Washington, DC 20590



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# .**.x~.::,.Q_Jv..-...** February 15, 2012